[Federal Register Volume 60, Number 232 (Monday, December 4, 1995)]
[Rules and Regulations]
[Pages 62023-62024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29375]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1145
Regulation of Products Subject to Other Acts Under the Consumer
Product Safety Act
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule; revocation of rules.
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SUMMARY: The Commission revokes seven rules transferring regulation of
risks of injury from the Federal Hazardous Substances Act to the
Consumer Product Safety Act. The Commission is revoking these rules
because they are no longer needed.
EFFECTIVE DATE: December 4, 1995.
FOR FURTHER INFORMATION CONTACT: Allen F. Brauninger, Attorney, Office
of the General Counsel, Consumer Product Safety Commission, Washington,
DC 20207; telephone (301) 504-0980, extension 2216.
SUPPLEMENTARY INFORMATION: The Consumer Product Safety Act (CPSA) (15
U.S.C. 2051 et seq.) established the Consumer Product Safety Commission
(the Commission) to protect the public from unreasonable risks of
injury associated with consumer products. Section 3(a)(1) of the CPSA
(15 U.S.C. 2052(a)(1)) defines the term ``consumer product'' to mean an
article which is produced or distributed for sale to, or use by,
consumers.
Section 30(a) of the CPSA (15 U.S.C. 2079(a)) transferred to the
Commission the authority formerly exercised by the Secretary of Health,
Education, and Welfare under the Federal Hazardous Substances Act
(FHSA) (15 U.S.C. 1261 et seq.). Section 30(d) of the CPSA requires the
Commission to regulate under the FHSA any risk of injury associated
with a ``consumer product'' which can be eliminated or reduced to a
sufficient extent by action under the FHSA, unless the Commission
issues a rule to transfer regulation of that risk of injury to the
CPSA.
B. Regulation of Toys and Children's Articles
Toys and other articles intended for use by children are ``consumer
products,'' as that term is defined by section 3(a)(1) of the CPSA,
because they are articles which are produced for sale to consumers.
Sections 2(f) and 3 (e) of the FHSA (15 U.S.C. 1261(f), 1262(e))
authorize the Commission to issue rules to ban any ``toy or other
article intended for use by children'' which presents a ``mechanical
hazard.'' The procedural steps required to issue a banning rule are set
forth in sections 3(e) through (i) of the FHSA (15 U.S.C. 1262(e)-(i)).
C. Corrective Action Under the FHSA
Before 1984, the Commission's authority to order corrective action
for toys and children's articles under section 15 of the FHSA (15
U.S.C. 1264) was limited to those items which violated an applicable
banning rule.
Between 1981 and 1984, the Commission received reports of deaths
and injuries associated with several types of toys and children's
articles. These products included:
Stuffed toys suspended from cords or strings which
presented a risk of strangulation death or injury.
Squeeze toys which presented a risk of suffocation death
or injury.
Mesh-sided playpens and mesh-sided portable cribs which
presented a risk of asphyxia to children from airway blockage or chest
compression.
Expandable enclosures made from criss-crossed slats which
presented a strangulation hazard to children.
Baby cribs with hardware failures or omissions which
presented risks of death or injury to children.
Baby bassinets with legs that collapsed and presented
risks of death or injury to infants.
All of these products were ``toys or other articles intended for
use by children'' which presented a ``mechanical hazard.'' However,
none of these products was subject to a banning rule issued under
provisions of the FHSA. The Commission estimated that issuance of a
banning rule would take about two years for each product.
D. Corrective Action Under the CPSA
Then as now, provisions of section 15 of the CPSA (15 U.S.C. 2064)
authorized the Commission to issue a corrective action order for any
consumer product which contains a defect which creates a ``substantial
risk of injury to the public'' whether or not the product is in
violation of a consumer product safety rule or other regulation.
E. Issuance of Transfer Rules
After considering the risks of injury to children presented by the
products described above and the provisions of the FHSA and the CPSA,
the Commission decided to transfer regulation of those risks from the
FHSA to the CPSA. Although the risks of injury might ultimately be
eliminated or reduced to a sufficient extent by action under the FHSA,
issuance of rules to ban the products under consideration would be
required before the Commission could issue a corrective action under
the FHSA. The Commission concluded that transfer of regulation of the
risks of injury from the FHSA to the CPSA was necessary because
corrective action, if appropriate, could be accomplished more
efficiently and expeditiously under the CPSA than under the FHSA.
From 1982 through 1984, the Commission issued seven rules under
provisions of section 30(d) of the CPSA to transfer regulation of risks
of injury associated with toys and children's articles from the FHSA to
the CPSA. Those rules are codified in title 16 of the Code of Federal
Regulations as:
Sec. 1145.9 Certain stuffed toys; risk of strangulation injury (issued
March 31, 1982, 47 FR 13516).
Sec. 1145.10 Certain squeeze toys; risk of strangulation injury and/or
suffocation injury from lodging in the throat (issued March 15, 1984,
49 FR 9722).
[[Page 62024]]
Sec. 1145.11 Certain play yards (playpens) with mesh sides; risk of
asphyxia from airway blockage or chest compression (issued July 27,
1983, 48 FR 34023).
Sec. 1145.12 Certain portable cribs with mesh sides; risk of asphyxia
from airway blockage or chest compression (issued July 27, 1983, 48 FR
34023).
Sec. 1145.13 Certain expandable children's enclosures; risk of
strangulation (issued March 5, 1984).
Sec. 1145.14 Baby cribs with certain hardware failures or omissions;
risks of death or injury (issued April 10, 1984, 49 FR 14101).
Sec. 1145.15 Baby bassinets having legs that collapse; risks of death
or injury (issued July 27, 1984, 49 FR 30171).
Thereafter, the Commission obtained voluntary corrective action
plans from manufacturers of the products which were the subjects of the
transfer rules.
F. Amendment of the FHSA
On October 17, 1984, the Toy Safety Act of 1984 (Pub. L. 98-491, 98
Stat. 2269) became law. This legislation is codified as section 15(c)
of the FHSA (15 U.S.C. 1274(c)). It authorizes the Commission to order
corrective action with regard to any toy or children's article which is
not in violation of a banning rule but which nevertheless presents a
``substantial risk of injury to children.'' With the addition of
section 15(c) to the FHSA, the provisions of the FHSA and the CPSA
authorizing the Commission to order corrective action are now
substantially similar.
G. Revocation of Transfer Rules
Manufacturers of the products subject to the transfer rules
described above have taken all actions required by the corrective
action plans accepted by the Commission. If, in the future, the
Commission learns of similar risks of injury presented by such toys and
children's articles, section 15(c) of the FHSA authorizes the
Commission to issue an order for corrective action without first
issuing a banning rule. Consequently, the Commission is revoking the
transfer regulations codified at 16 CFR 1145.9 through 1145.14 because
they are no longer needed.
Generally, the Administrative Procedure Act (APA) (5 U.S.C. 553)
requires agencies to publish a notice of proposed rulemaking before
issuing or revoking a regulation. However, the APA provides at 5 U.S.C.
553(b)(A) that requirements for a notice of proposed rulemaking are not
applicable to rules of agency procedure or practice. Because the rules
being revoked are procedural rules, notice of proposed rulemaking is
not required.
The APA also requires at 5 U.S.C. 553(d) that a substantive rule
must be published at least 30 days before its effective date. However,
the rules being revoked are procedural rules which do not have any
substantive effect. Because the rules at issue meet these criteria,
this revocation shall become effective immediately.
H. Conclusion
Therefore, under the authority of section 553 of the Administrative
Procedure Act and section 30(d) of the Consumer Product Safety Act, the
Commission hereby amends title 16 of the Code of Federal Regulations,
Chapter II, Subchapter B, Part 1145 to read as follows:
PART 1145--AMENDED
1. The authority for Part 1145 continues to read as follows:
Authority: Sec. 30(d), Pub. L. 92-573, 86 Stat. 1231 as amended
90 Stat. 510; 15 U.S.C. 2079(d).
Secs. 1145.9 through 1145.15 [Removed and reserved]
2. Sections 1145.9, 1145.10, 1145.11, 1145.12, 1145.13, 1145.14,
and 1145.15 are removed and reserved.
Dated: November 28, 1995.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 95-29375 Filed 12-1-95; 8:45 am]
BILLING CODE 6355-01-P
